‘Shocking’ security lapses at court but no money nor urgency to fix them

Michael Andrew

It was intended to be a routine security and safety induction for lawyers and court staff.

But a meeting at the Auckland District Court last week erupted into a wide-ranging and sometimes heated discussion, with participants venting their frustration about security shortcomings at the courthouse that are putting lawyers, staff and members of the public in harm’s way.

As security staff attempted to explain best practice and preventative protocol to help everyone to stay safe in the building, many lawyers voiced strong concerns about critical yet easily fixable issues, such as the lack of security cameras in lifts and stairwells and the frosted glass around interview rooms.

Exacerbating the risk, they say, is the rising number of unpredictable and unruly people coming through the court system, creating “a powder keg”. Added to this are problems arising from increased drug use and addiction and financial stress.

Court security staff agreed that the issues were serious. But not only was there no money to improve safety at the courthouse; there was also resistance from the building’s property management company, which has final say on its design and aesthetics and appears to be a fan of frosted glass, despite the safety risk.

Lawyers and other regular court users say they’re fearful of another serious attack.

In early September, an Auckland barrister waiting in a corridor at the Auckland District Court was punched to the ground, kicked in the head and stomped on by a 25-year-old female client with mental health problems. The lawyer suffered severe bruising, cuts, a black eye and a torn ligament in one of her fingers. She said she had been warned not to be alone with the client, who has a history of violent assaults.

While the incident was captured on the court’s CCTV, it was a nearby police officer who managed to detain her attacker until court security could arrive.

Also fresh in everyone’s mind is the brutal attack on family lawyer Brintyn Smith who was beaten up in a lift at the Whangarei District Court in March 2023.

A no-brainer

Many of those attending last week’s induction were shocked to learn there were still no security cameras in the courthouse lifts or stairwells.

Barrister Samira Taghavi, who helped organise the event on behalf of The Law Association, said elevators could be dangerous and need some form of monitoring. “People can get killed in elevators. If someone is blocking you, you’re trapped in there and you can’t get out.”

Taghavi, who is also a member of The Law Association’s Council, cites the attack on Smith to illustrate her point.

In that instance, Smith opened the door to exit a lift when he was set upon and punched by his assailant, who was lingering in the foyer. The assailant forced Smith back into the elevator and the doors closed, trapping him inside where he suffered repeated blows to the head, rendering him semi-conscious.

When asked why there were no cameras in courthouse lifts, security manager Steve Kalka said the issue had been raised up the chain numerous times.

Samira Taghavi

“I agree that there should be cameras in elevators. I know there’s a cost aspect to that, but I can’t really answer why. It’s been asked a lot in recent times, and I did make the recommendation following Brintyn Smith’s assault. It seemed to me like a bit of a no-brainer.

“If you go into apartment buildings, they have cameras in elevators. Again, we are sort of limited to the environmental challenges that we have, but certainly we’re trying to push for that support, to have that better resource.”

Frosted glass

Another issue, raised frequently throughout the session, was the frosted windows in the courthouse interview rooms, preventing anyone from seeing inside and creating an environment where a lawyer could be trapped with a violent client.

According to Kalka, this is another issue that has been simmering for years. But despite the obvious health and safety risk, he said the decision to remove the frosting fell to the building’s property manager which apparently considers it to be a design feature.

“I’ve been a great advocate for the removal [of the frosting] as well,” said Kalka. “I guess there’s going to be limitations to all security challenges. I think it’s about being safe. If you don’t feel safe in an interview room, sadly, we need to try and facilitate other options, whether that’s talking to our security staff and having a bit of a plan. I know that’s not always going to be practical… but we’ll always help you.”

Barrister Kevin Brosnahan told the meeting the property manager’s refusal to remove the frosting was “nonsense”.

“It just seems incredible to me that it hasn’t been taken off already. [The property manager] should have no say in this. There’s none of this in the other high-volume courts in Manukau and North Shore.”

Taghavi said she no longer uses the interview rooms for that reason, preferring to hold her interviews in a quiet yet open space in the foyer.

“Sometimes when I know my clients are a bit hyper, I usually sit with them outside. I know it’s a matter of privacy, but I try to find somewhere quiet, as long as we’re not trapped in a room. I think that’s very dangerous because others simply can’t see what’s going on.

“And it’s the only courthouse in Auckland, as far as I know, which has frosted windows. It doesn’t make any sense, and I don’t understand the reason behind it at all. So, lawyers are probably going to end up not using the interview rooms and simply just sit on the foyer.

“Some of these legal aid lawyers ….don’t see their clients until they actually appear in court. They don’t know what to expect. They don’t know who they’re dealing with. They’re making that assessment for the first time.”

An easy fix 

Barrister Katrina Hamblin, another organiser of the meeting, said the issues could be easily fixed and she didn’t understand why this hadn’t already happened, in light of past incidents.

“This is a job where you can never really guarantee your safety, but you should be able to if there’s such an obvious fix. It shouldn’t even be a debate. So, things like that are frustrating.

“That we’re not learning from previous mistakes is concerning. In my view, it’s a no-brainer [to remove] the frosting; a no-brainer [to have] cameras in the elevators and in all the stairwells. In Auckland District Court alone, there are two separate stairwells which the public has access to and that lawyers use regularly, and they are not monitored by security. They are closed spaces.”

Fixing these issues was especially important because of the increase in the number of unpredictable and unruly people coming through the courts in recent years. This is making situations harder for security staff to de-escalate verbally, as they once did.

Steve Kalka

“We’re dealing with a very different type of person these days,” Kalka said. “Years ago, you could probably de-escalate a lot of things… It appears that people are not as happy to cooperate as they used to be.”

Hamblin agreed, saying that higher levels of drug use, addiction and financial stress had created a powder keg in the court, which was already a stressful environment.

While Hamblin said she generally felt safe in the building and that assaults on lawyers were rare, it was important for them to be vigilant and mindful that the risk was always there.

However, she said that equally important was the responsibility of the Ministry of Justice to make sure the obvious safety concerns were fixed.

Courthouse understaffing

Despite the design and security flaws with the building itself, the people LawNews spoke with said the court security staff were fantastic at their jobs and were doing their best with the resources at hand.

Taghavi said the fact that they could do their job with only 11 staff to cover a 10-floor building was especially impressive.

“The court staff – the security, the registry and management – they are all amazing. It’s surprising that they can manage the court so beautifully at the moment, without a lot of drama every day. They are really trying to help, and they have so much to do.”

Taghavi singled out Clare Cheesman, manager, justice services at the court, for special praise, saying she was constantly advocating on behalf of the court staff and lawyers.

Like Hamblin, Taghavi said she generally felt safe in the court, but the job had become harder in recent years.

The ministry’s response

The Ministry of Justice says it is investigating options for CCTV within lifts “across the courthouse portfolio” and is recruiting to fill two vacancies to add to the 11 court security officers at Auckland District Court.

Kelvin Watson, deputy secretary – corporate services, confirmed there had been an increase in security incidents, and in particular disorderly behaviour, across all courts in the past two years.

“CSOs [court security officers] take a thorough approach to identifying individuals and situations that may pose a security risk and take appropriate measures to mitigate those risks,” he said. “The ministry does have CCTV outside of lifts which has been used to identify those involved in altercations.”

Regarding the frosted glass, Watson said the design of interview rooms needed to balance the rights of people to consult and instruct a lawyer in private with ensuring their lawyers were kept safe.

“Often the best solution for this is partially frosted glass which helps to ensure client confidentiality but provides some visibility. The Ministry of Justice has been working closely with the Law Society to address concerns in relation to court safety issues.”

Watson added that the ministry has continued to invest in solutions for security issues, such as upgrading the security control room which increased oversight and efficiency across the courthouse.

“We have also improved the safety and security of court participants at Auckland District Court by upgrading custodial docks in all 14 courtrooms, as part of the National Dock Upgrade program.”

When approached for comment, the office of Justice Minister Paul Goldsmith referred LawNews to the ministry.